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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLVI. CRIMES |
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CHAPTER 784. ASSAULT; BATTERY; CULPABLE NEGLIGENCE |
Latest version.
- 1(1) 2Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 24775.082 25or s. 27775.08328.29(2) 30Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 52775.082 53or s. 55775.08356.57(3) 58Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 112775.082, 113s. 114775.083, 115or s. 117775.084118. However, this subsection does not apply:125(a) 126If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;162(b) 163If the minor obtains the firearm as a result of an unlawful entry by any person;179(c) 180To injuries resulting from target or sport shooting accidents or hunting accidents; or193(d) 194To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.
233When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney’s office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.
3251326(4) 327As used in this act, the term “minor” means any person under the age of 16.
History.-s. 1, ch. 5212, 1903; GS 3229; RGS 5062; CGL 7164; s. 733, ch. 71-136; s. 21, ch. 74-383; s. 11, ch. 75-298; ss. 3, 7, ch. 89-534; s. 1199, ch. 97-102.
Note
Note.-Also published at s. 790.174(3).
